The Sunday Star
by Roger Tan
Singapore has announced that new laws will be drafted by the
year-end to abolish the mandatory death penalty for some cases of drug
trafficking and murder.
ON Nov 14, 2008, Sandakan
(Sabah)-born Yong Vui Kong was convicted of trafficking 47.27g of heroin
and sentenced to death in Singapore.
He was 19 when he was
arrested at about midnight on June 13, 2007 near the Meritus Mandarin
Hotel at Orchard Road by officers from the Central Narcotics Bureau
(CNB).
The drugs were found in two packets in a
Malaysian-registered car MBK 5317 which the prosecution said Yong had
earlier collected from a man in Taman Sentosa in Johor Baru.
Yong then went to look for his friend, one Chai Chor Hsiang, and asked him to drive the car into Singapore.
At
the trial, Yong made it clear that Chai had no knowledge of the
packages hidden under the driver’s seat. Yong’s defence was that he
thought he was collecting debts from his boss’ debtors and that his boss
had made him promise not to open the packages.
Yong said even though he was suspicious, he did not think that they contained drugs.
Yong,
who initially withdrew his appeal to the Singapore’s apex court, was
later allowed to appeal and he did make several other but unsuccessful
attempts at the Court of Appeal.
Among others, he unsuccessfully challenged the constitutionality of the mandatory death sentence.
He
failed too in his arguments that his prosecution contravened the
constitutional provision on equal protection when the Public Prosecutor
decided to discontinue three capital charges against one Chia Choon Leng
whom Yong had identified as the man in Johor Baru who on June 12, 2007
had asked him to deliver the “gifts” to Singapore.
Yong had also sought clemency from the Singapore President but it was turned down.
Yong’s plight attracted the sympathy of many people, both within and without Malaysia.
Described
by his lawyers as “impoverished and vulnerable”, many felt that Yong
should be given a second chance as he was too young and naïve to
appreciate the gravity of the act when he was arrested.
There appears to be one glimmer of hope for his death sentence to be commuted to life imprisonment.
On July 9 this year, Singapore Deputy Prime Minister Teo Chee Hean
announced in Parliament that new laws would be drafted by the year-end
to abolish the mandatory death penalty for some cases of drug
trafficking and murder.


